Limitations and exceptions to copyright and related rights

There are some restrictions and exceptions to copyright and related rights that allow others to use literary, artistic and scientific works without the permission of the copyright owner and without paying compensation to him, provided that such use does not conflict with the normal exploitation of the work and does not cause unjustified damage to the legitimate interests of the right holder, taking into account the mention of the source And the author’s name whenever possible.

This is called the three-step test under the Berne Convention for the Protection of Literary and Artistic Works, which identifies cases of fair and lawful use. These cases are but not limited to, as new uses will appear subject to this test, courts are not prevented from applying limitations and exceptions to copyright and related rights in similar factual circumstances.

In particular, the following shall be considered as legitimate use:

Copying the workbook for personal use

The original work is reproduced for the purely personal use of the scribe in any way, provided that the work has been lawfully published, and that he has legitimately acquired ownership of the original copy, with the exception of copies of works of architecture embodied in the form of buildings or any other facilities.

Citing paragraphs from the original work

Others may cite paragraphs from the original work in another work, provided that the citation is consistent with current custom and is not essential, and to the extent justified by the desired goal, and that the source and the author’s name are mentioned, and this applies to press extracts transmitted from newspapers and periodicals.

Copy workbook for education and teaching

Others have the right to copy short parts of the original work for teaching and educational purposes in educational facilities only within the limits of the desired educational goal. Others also have the right to display the work in meetings within a family framework or for students for an educational purpose as long as this is done without incurring direct or indirect financial compensation.

Short excerpts from previously published works, drawings, photographs, designs, or maps may be transferred to textbooks prepared for educational curricula, and to books on history, literature and the arts, provided that such transmission is as necessary, provided that the source and the author’s name are clearly stated.

Copying computer programs

A person who legitimately acquired ownership of the original copy of the computer program may make a single copy of the program to be used for one of the following purposes:

  1. Modify or modify the original version of the program to suit the needs of the licensee.
  2. Study the ideas and theories that underpin the program through reverse engineering.
  3. Modify the language in which the original language of the program was written from the source language to the machine language.
  4. Preservation or replacement when the original copy is lost or damaged.
  5. Preparing materials or programs that deal with the original program.
  6. Modifying or correcting errors in the program or to address a security weakness in order to increase the effectiveness of the operation and raise its efficiency.
  7. Test the software and secure the network of which the software is a part.

It is also permissible to make a temporary electronic copy of the computer programs in the following cases:

  1. If it is transient or occasional.
  2. If it is an essential part of an integrated technical process.
  3. If the primary purpose of the copy is to enable the transfer of the work within a network to a third party by an intermediary or for the legal use of works that have no independent economic significance.

Translating articles published in newspapers and periodicals

Others may transfer or copy articles published in newspapers and periodicals on current topics and events, or electronic works that have been broadcast of a similar nature, provided that the source and the name of the author are mentioned.

Media copying of speeches or work broadcast to the public

The media have the right to copy publicly displayed speeches to the public, and what is required by the public interest, provided that the name of the author is clearly mentioned, and the author has the right to publish these works in the manner he sees, and it is permissible to copy any work that has been broadcast it can be seen or heard on the occasion of presenting current events by means of fixed or moving photography, provided that this is within the limits of the goal to be achieved, with the need to clearly indicate the source.

Business that newspapers, periodicals and broadcasting organizations may carry out

Newspapers, periodicals or broadcasting organizations may, without the permission of the copyright owner and without payment of compensation to him, provided that the source and the name of the author are mentioned, do the following:

  1. Publishing excerpts from his legally made publicly available works, and his published articles on topics of concern to the public at a specific time, unless the author prohibited this at the time of publication, provided that the source from which he was quoted, the author’s name and the title of the work are indicated.
  2. Publishing speeches and conversations delivered in seminars and public meetings, social, scientific, literary, artistic, political and religious, and in parliaments, legislative and administrative bodies. Nevertheless, the author or his successor shall have the right to collect these works in collections attributed to him.
  3. Publishing excerpts from an audio, visual or audiovisual work available to the public in the context of news coverage of current events.

Producing temporary recordings

Broadcasting organizations may produce temporary recordings by their own means without prejudice to copyright, by making one or more copies of any protected work that they are licensed to broadcast or display, provided that all copies are destroyed within a period not exceeding one year from the date of their preparation or a longer period with the author’s approval, and it is permissible to keep Copies of this recording are included in the official archives and as required by the public interest.

Distribute and share copies of works and documents

The exchange of documents between libraries shall be by fax, mail or secure electronic transmission provided that the file is deleted immediately after printing a hard copy of the work for non-commercial research or personal use of the patrons of the receiving library, and government-funded libraries, archives, museums and galleries have the right to distribute copies of works as part of its activity.

Making the work available to people with disabilities

To facilitate the access of the work to a person with a disability without the author’s permission and to take any intermediate steps to achieve this goal, the following conditions must be met:

  • The person who wishes to undertake this activity has legitimate access to this work or a copy of it.
  • Convert the work into an accessible form, by using any means required to browse the information within the limits of what can be accessed by persons with disabilities to the work, but not to make any changes other than those necessary for persons with disabilities to access the work.
  • This is done on a non-profit basis.

A person with a disability who has obtained a copy of the work may make a copy for his personal use, and import and export to and from the State of Kuwait works prepared in a form that is easy for a person with a disability to view.

View workbook to promote publicly and legally

A third party may display part of the original or copied work to the public for the purpose of promoting it, and may display that work publicly on official occasions within the limits required by such occasions, provided that the name of the author and the source is mentioned. It is also permissible to use a limited part of the legally published work from To criticize it or support a point of view, provided that the size of the part used does not exceed what is necessary and customary, and that the name of the author is always mentioned.

Use the workbook for caricature purposes

The work may be used for the purposes of caricature, simulation and imitation without causing harm to the author, with his name mentioned.

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